• 한국중재학회지:중재연구
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• 제13권2호
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• pp.291-319
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• 2004

The seller may take a warranty with respect to the goods. If they are not as warranted, they may be held liable for the breach of warranty. Even when they has not made a warranty, the law will in some instances hold them responsible as though they had made a warranty. An express warranty is a part the basis for the sale. That is, the buyer has purchased the goods on the reasonable assumption that they were as stated by the seller. When the buyer intends to use the goods for a particular or usual purpose, as contrasted with the ordinary use for which they are customarily sold, the seller makes an implied warranty that the goods will be fit for the purpose when the buyer relies on the seller's skill or judgment to select or furnish suitable goods, and when the seller at the time of contracting knows or has reason to know the buyer's particular purpose and his reliance on the seller's judgment. A merchant seller who makes a sale of goods in which he customarily deals makes an implied warranty of merchantability. The Uniform Commercial Code expressly abolishes the requirement a privies to a limited extent by permitting a suit for breach of warranty to be brought against the seller by members of the buyer's family, his household, and his guests, with respect to personal injury sustained by them. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement. At common law the rule was that only the parties to a transaction had my rights relating to it. Accordingly, the buyer could sue his immediate seller for breach of warranties. The rule was stated in the terms that there could be no suit for breach of warranty unless there was a privies of contract. The code expressly abolishes the requirement of privies to a limited extent by permitting a suit for breach of warranty to be bought against the seller by members of the buyer. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement.

• 무역상무연구
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• 제42권
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• pp.275-305
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• 2009

Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of price, known as a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice were later introduced into England through the Continent. It is, therefore, quite exact that English and European marine insurance law have common roots. Nevertheless, significant divergences between English and European insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was developed and clarified in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance, and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has a unique rule on warranty. This article is, therefore, designed to analyse the overall rule of the rule of warranty in English marine insurance law. The result of analysis are as following. First, warranties are incorporated to serve a very significant function in the law of insurance, that is, confining or determining the scope of the cover agreed by the insurer. From the insurer's point of view, such the function of warranties is crucial, because his liability, agreed on the contract of insurance, largely depend on in, and the warranties, incorporated in the contract play an essential role in assessing the risk. If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to discharge automatically further liability from the date of breach. Secondly, the term 'warranty' is used to describe a term of the contract in general and insurance contract law, but the breach of which affords different remedies between general contract law and insurance contract law. Thirdly, a express warranty may be in any form of words from which the intention to warrant is to be inferred. An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. It does not matter how this is done. Fourthly, a warranty is a condition precedent to the insurer's liability on the contract, and, therefore, once broken, the insurer automatically ceases to be liable. If the breach pre-dates the attachment of risk, the insurer will never put on risk, whereas if the breach occurs after inception of risk, the insurer remains liable for any losses within the scope of the policy, but has no liability for any subsequent losses. Finally, the requirements on the warranty must be determined in according to the rule of strict construction. As results, it is irrelevant: the reason that a certain warranty is introduced into the contract, whether the warranty is material to the insurer's decision to accept the contract, whether or not the warranty is irrelevant to the risk or a loss, the extent of compliance, that is, whether the requirements on the warranty is complied exactly or substantially, the unreasonableness or hardship of the rule of strict construction, and whether a breach of warranty has been remedied, and the warranty complied with, before loss.

• Journal of the Korean Data and Information Science Society
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• 제13권1호
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• pp.55-65
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• 2002

In this paper we present a Bayesian approach for determining an optimal maintenance policy following the expiration of warranty for a repairable system. We consider two types of warranty policies : non-renewing free replacement warranty (NFRW) and non-renewing pro-rata warranty (NPRW). The mathematical formula of the expected cost rate per unit time is obtained for NFRW and NPRW, respectively. When the failure time is Weibull distribution with uncertain parameters, a Bayesian approach is established to formally express and update the uncertain parameters for determining an optimal maintenance policy. We illustrate the use of our approach with simulated data.

• 대한안전경영과학회지
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• 제17권2호
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• pp.241-247
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• 2015

The purpose of the warranty data analysis can be classified into two categories. Two goals is a failure cause analysis and life prediction analysis. In this paper first, we applied multivariate analysis method that can be estimated in consideration of various factors on the failure cause warranty data. In particular, we apply the Tree model and Cox model. The advantage of the Tree is easy to interpret this result as compared to other models. In addition Cox model can quantitatively express the risk. Second, this paper proposed a multivariate life prediction model (AFT) considering a variety of factors. By applying the actual warranty data confirmed the usability.

• Communications for Statistical Applications and Methods
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• 제9권1호
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• pp.21-31
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• 2002

This paper considers a Bayesian approach to determine an optimal replacement policy for a repairable system with warranty period. The mathematical formula of the expected cost rate per unit time is obtained for two cases : RFRW(renewing free-replacement warranty) and RPRW(renewing pro-rata warranty). When the failure time is Weibull distribution with uncertain parameters, a Bayesian approach is established to formally express and update the uncertain parameters for determining an optimal replacement policy. Some numerical examples are presented for illustrative purpose.

• Asia Marketing Journal
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• 제11권1호
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• pp.93-112
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• 2009

본 연구는 제품보증의 유형인 명시적 보증과 묵시적 보증이 소비자의 제품에 대한 태도에 미치는 영향을 제품보증과 관련된 선행연구들을 탐색하여 살펴보았다. 이에 따른 주시험 효과가 제품유형(탐색재 vs 경험재) 및 제조업체의 기업윤리 수준(고윤리 vs 저윤리)에 의해 조절되는지를 상호작용 효과의 차원에서 고찰하였다. 실증분석 결과에 의하면 소비자의 제품에 대한 태도는 제품보증이 명시적일 때가 묵시적일 때보다 높게 나타났다. 그리고 제품보증의 유형에 따른 주시험 효과는 해당 제품이 탐색재일 때보다 경험재일 때가 더 크게 나타났으며, 제조업체의 기업윤리 수준이 높을 때보다 낮게 인식할 때가 더 크게 나타났다. 다만, 이러한 조절효과는 두 가지 종속변수 중 제품태도는 통계적으로 유의한 결과를 보이지 않았고 구매의도에서만 유의한 결과가 나타났다.

• 무역상무연구
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• 제55권
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• pp.209-240
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• 2012

Since the age of Lord Mansfield, who laid the foundation of the modern English insurance contract law in the second part of the 18th century, English insurance law has developed a unique rule of warranty. Lord Mansfield adopted very different approach and afforded such a strict legal character to insurance warranty, because the promise, given by the insured, played an important role for the insurer to assess the scope of the risk insured at that time. It is still important that the insured keep his promises strictly to the insurer under the insurance contract, but legal environments have changed dramatically since the times of Lord Mansfield. English Law Commission proposed some proposals for reforming the warranty regime to reflect the changes of legal environment in CP 2007. This article is, therefore, designed to examine the proposals and consider their legal and practical implications. The proposals of Law Commission is summarized as following. First, in CP 2007, Law Commission made two principal proposals for reform of the law on warranty. The first is that the insurer should not be entitled to rely on a breach of warranty unless the insured has been provided with a witten statement of what they have undertaken under warranty. The second is that the insurer should not be entitled to reject a claim on the ground that the insured has breached a warranty unless there was a causal connection between the breach and the loss. Secondly, for consumer insurance, the rule requiring a causal connection would be mandatory, whereas for business insurance, it would be possible for the parties to agree on the effect a breach of warranty should have, provided they use clear language to express their intentions. Thirdly, where the insured contracted on the insurer's written standard terms of business, some statutory controls would be afforded to the contract to ensure that the cover was not substantially different from what the insured reasonably expected. Finally, Law Commission propose that a breach of warranty give the insurer the right to terminate the contract, rather than automatically discharging it from liability, but (unless otherwise agreed) only if the breach has sufficiently serious consequences to justify termination under the general law of contract. Having evaluated the proposals of the Law Commission and considered their legal and practical implications, it is quite clear that the proposed rule interfere with freedom of contract and create legal uncertainty. But change can not made without any victims, so Law Commission's attempt to change severe and injust aspects of the warranty regime would be very welcomed and respected.

• 무역상무연구
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• 제69권
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• pp.23-43
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• 2016

This study describes the exclusion of the seller's liability for defects in title under CISG and UCC. Through comparing two provisions, this article provides contracting parties with guidance regarding choosing governing laws and practical advice. CISG and UCC states not only the seller's liability for defects in title but also the exclusion respectively. Under two provisions, contracting parties who wish to avoid this liability may agree that the liability will not apply. Under UCC ${\S}$2-213(2), the seller's warranty can be disclaimed by specific language in the contract or by the circumstances surrounding the transaction. Although there is no express exclusion provision under CISG Article 41 and 42, Article 6 allows contracting parties to agree that they may exclude the application of the seller's liability. Both Article 42 under CISG and ${\S}$2-213(3) under UCC provide where the buyer furnishes specification to the seller. Under UCC ${\S}$2-213(3), it is the buyer's warranty to hold the seller harmless from any claims which arise from the seller complying with specification furnished by the buyer. But, under CISG Article 42, the seller's duty is excluded if the third party right or claim result from the fact that the seller has complied with specifications provided by the buyer. Therefore Article 42 does not charge the buyer with the duty, but rather limits the circumstances under which he could cause claims under Article 42. Interestingly, CISG has provisions which are absent from UCC. First, under Article 41, the seller escapes the liability if the buyer agree to take the goods subject to the third party right or claim. Second, under Article 42(2)(a), the seller is not liable if the buyer knew or could not have been unaware of the third party right or claim at the time of the conclusion of the contract.

• 한국항해항만학회지
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• 제36권5호
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• pp.329-338
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• 2012

협회선박보험약관, 1/10/83은 선박의 항행구역을 제한하는 협회항로제한담보약관, 1/7/76을 첨부하여 오랜 기간 동안 광범위하게 사용되어 왔다. 선박 건조기술과 항해기술의 발달에 따라 협회선박보험약관은 수차례에 걸쳐 약관 내용을 수정 보완하면서 오늘날까지 사용되고 있는 점을 고려해 볼 때, 협회항로제한담보약관도 마땅히 수정 보완되었어야 했다. 더욱이, 선박보험의 피보험자는 이와 같은 해상사업의 환경변화에도 불구하고 항로제한담보구역을 부득이 항행 또는 기항해야 할 경우 과도한 추가보험료를 부담하고 있는 실정이다. 따라서 이 연구의 목적은 협회항로제한담보약관과 준용일본항로제한담보약관을 비교분석함과 동시에 기후변화, 선박구조, 항해, 통신 등의 제반 요건에 대한 현황을 고려하여, 협회항로제한담보약관을 면밀히 분석함은 물론 항로제한담보약관의 위반에 따른 추가보험료의 합리적인 수준을 제시함에 있다.

• 한국콘텐츠학회논문지
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• 제5권5호
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• pp.219-227
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• 2005

세계적인 소비자 보호의 추세확산에 따라 선진국은 제조물 책임법을 이미 시행하고 있고, 우리나라는 2002년 7월 시행하게 되었다. 대부분 제조물에 초점을 이루고 있지만 특히, 식품의 경우 많은 소송이 제기될 수 있을 뿐만 아니라 엄청난 피해와 기업의 손실도 막대할 것이다. 따라서 경제력 제고 및 소비자의 안정성 확보를 위한 가이드라인을 제시하고자 한다. 1. 제품정보와 품질안전을 쉽게 이해하기 위한 각종 수단을 강구한다. 2. 모든 PL대응 활동을 문서화하라. 3. 소비자의 피해에 초동 대응하라. 4. 평소에 안전기업 이미지를 구축한다. 5. 품질경영 시스템 수립 및 표준화의 유효한 수단이 ISO9000과 HACCP, PLMS를 시행한다. 6. 협력업체의 PL대응도 지원하라. 7. 업계 공동의 PL대응책을 모색하라.